Jimmy Lai plead not guilty to three national security charges

Jimmy Lai Chee-ying has formally pleaded not guilty to three national security charges on Tuesday morning.

West Kowloon Magistrates' Courts began hearing the prosecution’s opening statement around noon, after rejecting the latest bid by Lai’s legal team to fight court jurisdiction over a sedition charge laid on Lai.

Read more: Jimmy Lai renews jurisdiction fight over sedition charge

The judges reiterated that the court's previous ruling clearly explained the prosecution time limit for the charge, with the court not reconsidering the legal dispute regarding the prosecution time limit or charges based on the defense's new arguments.

Lai pleaded not guilty to one count of collusion with external elements endangering national security and another count of printing, publishing, selling, offering for sale, distributing, displaying or reproducing seditious publications.

“Not guilty” was his response when asked to confirm his plea.

A separate collusion charge against Lai has been left on court file, upon the prosecution’s request.

A legal representative for Lai’s three Apple Daily companies also pleaded not guilty to similar charges.

According to the prosecution’s opening statement, Lai was labeled as a “radical political figure.” The speech also listed a number of former US government officials - foreign forces whom Lai had served as a proxy to draw international sanctions against mainland China and the SAR.

The statement, presented by deputy director of public prosecutions Anthony Chau Tin-hang, alleges that Lai utilized the social unrest brought about by the 2019 anti-extradition movement and Apple Daily, to conspire with senior executives of the news tabloid to publish seditious articles, as well as colluding with foreign forces. Such allegations were drawn from 161 articles published by Apple Daily.

Meanwhile, the prosecution said another 31 articles published after the enactment of the National Security Law had called for international sanctions against mainland China and the SAR.

The prosecution continued by stating that Lai, since June 2019, "under the guise of fighting for democracy and freedom, repeatedly invited foreign countries, especially the United States, to impose sanctions." This includes a meeting in July 2019 with then-Vice President Mike Pence and Secretary of State Mike Pompeo, during which he was alleged to have suggested the US impose sanctions on officials from mainland China and the SAR for suppressing the city’s demonstrations.

Separately, the statement outlined further several foreign agents or intermediaries that collaborated with Lai, acted upon his instructions, or provided information to seek sanctions. 

Mark Simon, Lai's private assistant who was now wanted by Hong Kong police, was mentioned as representing Lai in meetings with various individuals in the United States.

He allegedly established multiple social media groups, including a three-person group with Bill McGurn, an editor at The Wall Street Journal, to discuss the publication of articles written by Lai.

Other foreign contacts listed for Lai include Jack Keane, former vice chief of staff of the US Army; Paul Wolfowitz, former deputy secretary of defense of the US; James B. Cunningham, former US Consul General in Hong Kong; Luke de Pulford, a member of the UK Conservative Party's Human Rights Commission; Shiori Yamao, a member of the House of Representatives in Japan; Benedict Rogers, founder of "Hong Kong Watch"; and Nathan Law Kwun-chung, a former Hong Kong lawmaker.

The prosecution said that during the period of the alleged offenses, various external forces imposed sanctions on the central government and SAR government. The United States, in particular, sanctioned 42 officials from the two governments.

The prosecution plans to summon the husband of lawmaker Priscilla Leung Mei-fun - legal scholar Wang Guiguo from City University as expert witnesses to substantiate the legal impact of these sanctions.

(Updated at 1.30 pm)